sec.104Grant of representation before proceeding

### sec.104 Grant of representation before proceeding This section applies if— an originating process names as a defendant or respondent a person who is dead when the originating process issues; and the cause of action survives the person’s death; and a grant of representation has been made when the originating process issues. Unless the court orders otherwise, the proceeding is taken to be against the person’s personal representative in the personal representative’s capacity as personal representative of the person’s estate. (sec.104-ssec.1) This section applies if— an originating process names as a defendant or respondent a person who is dead when the originating process issues; and the cause of action survives the person’s death; and a grant of representation has been made when the originating process issues. (sec.104-ssec.2) Unless the court orders otherwise, the proceeding is taken to be against the person’s personal representative in the personal representative’s capacity as personal representative of the person’s estate. - (a) an originating process names as a defendant or respondent a person who is dead when the originating process issues; and - (b) the cause of action survives the person’s death; and - (c) a grant of representation has been made when the originating process issues.